IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22218 OF 2013 (L-PG)

C/W WRIT PETITION NO. 7704 OF 2009 (L-PG)

IN WP No. 22218/2013 BETWEEN:

THE MANAGER, M/S BAHRATH BEEDI WORKS (P) LTD., ULLAL BRANCH, ULLAL BY B HOMENDRA, AGED ABOUT 58 YEARS, MANGALORE - 575001.

…PETITIONER (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI NATARAJA BALLAL, ADVOCATE)

Digitally AND:

signed by VANAMALA N 1. THE DEPUTY LABOUR COMMISSIONER &

Location: APPELLATE AUTHORITY UNDER THE High Court PAYMENT OF GRATUITY ACT 1972, of Karnataka HASSAN REGION, HASSAN, PIN -573201.

2. THE ASSISTANT LABOUR COMMISSIONER & CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 MANGALORE DIVISION, MANGALORE, PIN - 575002.

3. SMT BHAVANI, W/O K RAVINDRA, MAJOR, DECAN HOUSE, KUTTARA PADAVU, MUNNARY POST, MANGALORE, PIN - 575003.

4. SRI BABU SHETTY, MAJOR, BHARATH BEEDI CONTRACTOR, DESODI KUTTAR, MUNNARU GRAMA, MANGALORE, PIN - 575002.

…RESPONDENTS (BY MS RASHMI RAO, HCGP FOR RESPONDENTS NO.1-

2, SRI K SHASHIKANTH PRASAD, ADVOCATE FOR R3, NOTICE TO RESPONDENT NO.4 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS. QUASH THE ORDER DATED 2.4.13 VIDE ANNX-A PASSED BY R1 AND ALSO ORDER DATED 10.2.12 VIDE ANNX-B PASSED BY R2.

IN WP NO. 7704/2009 BETWEEN:

THE MANAGEMENT OF M/S JYOTHI HOME INDUSTRIES, OLD TOLL GATE, # 261, MYSORE ROAD, BANGALORE, REP. BY ITS DIRECTOR.

...PETITIONER (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI. NATARAJA BALLAL.,ADVOCATE)

AND:

1. THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, BANGALORE REGION I, KARMIKA BHAVAN, BANNERGHATTA ROAD, BANGALORE.

2. K G GHOUSE MOHIDDIN, CONTRACTOR, IST CROSS, TIPPU NAGAR, MYSORE ROAD, BANGALORE.

3. SMT ASIYABI, AGED ABOUT 62 YEARS, W/O ISHAQ SHERIFF, 17TH CROSS, HOSAHALLI D CROSS, PADARAYANAPURA, BANGALORE.

4. SRI SHAFIULLA, AGED ABOUT 60 YEARS, # 55, 11^TH CROSS, PADARAYANAPURA, BANGALORE.

...RESPONDENTS (BY MS RASHMI RAO, HCGP FOR R1, NOTICE TO RESPONDENT NO.2 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN APPEAL NO. PGA:CR-20:2003-04 AND PGA:CR-22:2003-04 ON THE FILE OF THE DEPUTY LABOUR COMMISSIONER (REGION-1) CUM APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

1972 VIDE ANNEX-A AND ETC.

THESE PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

ORAL ORDER

The petitioner, who is licensed under the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 [for short, 'the Beedi Act'], is aggrieved by a set of similar orders under the provisions of the Payment of Gratuity Act, 1972 [for short, 'the Gratuity Act']. The petitioner, in the writ petition in W.P.No.22218/2013, has called in question the second respondent’s order dated 10.02.2012 and the first respondent’s Order-in-Appeal dated 02.04.2013. The petitioner, in the W.P.No.7704/2009, has called in question the order dated 23.01.2009 and the rectification order dated 25.02.2009.

2. The Authorities, by the impugned orders in W.P.No.22218/2013, have concurrently held that the concerned private respondent [Smt. Bhavani], is entitled for gratuity under the Gratuity Act and the computation of the gratuity by the Controlling Authority is confirmed in appeal by the next order. In W.P.No.7704/2009, the contesting respondents [Smt. Asiyabi and Sri. Shafiulla] did not succeed before the Controlling Authority, but they have succeeded in the appeal, which is allowed by the order dated 23.01.2009 and rectified by the subsequent order dated 25.02.2009. In the order dated 23.01.2009, the Appellate Authority has opined that the contesting respondent [Sri. Shafiulla] would be entitled for Rs.37,600/- and this is rectified by the subsequent the order dated 25.02.2009 to read that he will be entitled for Rs.33,600/-.

3. It is undisputed that